sec.36BProtection for employees—extended hours under Trading (Allowable Hours) Amendment Act 2017

### sec.36B Protection for employees—extended hours under Trading (Allowable Hours) Amendment Act 2017 An employer must not require an employee to work during extended hours unless the employee has freely elected to work during extended hours. Maximum penalty— for a first offence—16 penalty units; or for a second or later offence—20 penalty units. For subsection (1) , an employee has not freely elected to work during extended hours— if the employee elects to work during extended hours because the employee has been coerced, harassed, threatened or intimidated by or for the employer; or only because the employee is rostered, or required under an industrial instrument, to work during those hours. In this section— elect means agree in writing for a stated or indefinite period. employer means an employer of an employee in a non-exempt shop. extended hours means the permitted trading hours under this Act for a non-exempt shop on any day (other than a closed day), but only to the extent the hours are greater than the shop’s permitted trading hours immediately before the commencement. s 36B ins 2017 No. 26 s 28 amd 2022 No. 17 s 24 (sec.36B-ssec.1) An employer must not require an employee to work during extended hours unless the employee has freely elected to work during extended hours. Maximum penalty— for a first offence—16 penalty units; or for a second or later offence—20 penalty units. (sec.36B-ssec.2) For subsection (1) , an employee has not freely elected to work during extended hours— if the employee elects to work during extended hours because the employee has been coerced, harassed, threatened or intimidated by or for the employer; or only because the employee is rostered, or required under an industrial instrument, to work during those hours. (sec.36B-ssec.3) In this section— elect means agree in writing for a stated or indefinite period. employer means an employer of an employee in a non-exempt shop. extended hours means the permitted trading hours under this Act for a non-exempt shop on any day (other than a closed day), but only to the extent the hours are greater than the shop’s permitted trading hours immediately before the commencement. - (a) for a first offence—16 penalty units; or - (b) for a second or later offence—20 penalty units. - (a) if the employee elects to work during extended hours because the employee has been coerced, harassed, threatened or intimidated by or for the employer; or - (b) only because the employee is rostered, or required under an industrial instrument, to work during those hours.